|
|
January 2008
Introduction The Merchant Shipping Act, 1951 (Act No. 57 of 1951) Merchant Shipping (National Small Vessel Safety) Regulations, 2007 (the Regulations) were promulgated on 8 August 2007. Since then SAS and in particular the SAS Offshore Committee has been grappling with the Regulations in order to advise our members correctly on their implementation and implications. To this end a meeting was held at which Rob Tarboton and Lance Burger, who were initially instrumental in assisting the Department of Transport in drafting the Regulations on behalf of SAS, were present as were Patrick Holloway (a maritime attorney), Dave Cox, Errol Rutherford, Richard Crockett and Sandy Ostendorf. The Regulations, as well as amendments proposed by the South African Maritime Safety Authority ("SAMSA"), were carefully considered at the meeting. One of the points made was that the role of SAS changed when the Merchant Shipping (Small Vessel Safety) Regulations, 2002 were promulgated 5 years ago. It was therefore important that the committee members of SAS and its members clearly understand what the role of SAS is today. There has been a move away from the position where SAS was self-regulating and had consequent responsibilities, however, that is no longer the case with SAMSA having taken over certain of the functions and responsibilities. That said, yacht clubs have the right, in terms of the Regulations, to apply to SAS for "controlled event" status for "…a competition, event or regatta". In terms of the Regulations, the owner and skipper of a vessel that participates in a controlled event is exempt from the Regulations for the duration of the event. Therefore and only in the case of controlled events, SAS takes on the responsibility, which it had carried prior to 2002. One aspect of that responsibility which it carries together with the club running the event is to prescribe safety appliances and equipment. It is important that ultimately it is the responsibility of every owner and skipper to satisfy himself or herself the vessel is seaworthy in all respects for the intended voyage, including insofar as the competence of the skipper and crew is concerned. This requirement exists over and above any statutory requirements as contained in the Regulations. Certificates of Fitness ("COF") and Certificates of Competence ("COC") All COF's and COC's issued after 8 August 2007 and before 13 December 2007 are to be re-issued by SAS in order to correctly record its designation as an "authorised agency" and that the certificates have been issued in terms of the new Regulations. Should you have been issued a certificate during the aforesaid period and have not yet been contacted by the SAS office, please contact Sandy Ostendorf (sandy@sailing.org.za) who will advise you further in this regard. Compliance with the Regulations All pleasure vessels must comply with the specified list of safety appliances and equipment annexed to the Regulations. Once the envisaged amendments to the Regulations are promulgated, sailing dinghies and non-powered vessels under 7 metres will be exempt from complying with the comprehensive safety appliance and equipment list and will only have to carry a simplified list of 6 items. The COF and COC requirements do not apply to sailing vessels of less than 9 metres in length, power driven vessels under 15 horsepower and vessels propelled by human power alone. That said, sailing vessels of less than 9 metres in length are required to comply with the Regulations and have to carry the appliances and equipment listed in the Regulations. Power vessels In respect of inland waters COF's and COC's will be required in respect of the operation of power boats with a horsepower of more than 15 and owners and skippers have until 8 August 2008 to comply. SAS is in the process of working to facilitate the issuing of COC's for the skippers of rescue boats and will report back in this regard once a policy and curriculum has been finalised. Please note the following: Sailing under the influence
Signing out
Rescue boats
Documents for inspection Please note that in terms of the Regulations, the holder of a COC must have it available for inspection "at all reasonable times". Members are advised to ensure that they have their original COC's and COF's aboard (alternatively certified copies) and available for inspection at all times. Maintenance and condition after inspection The owner and skipper of a vessel must ensure that the condition of the vessel, including its structure and its safety appliances and equipment are maintained and aboard at all times in order to comply with the Regulations. Controlled Events Relaxations The Regulations do make provision for relaxations to some of the stipulated requirements during controlled events, but an authorized agency may only grant relaxations after satisfying itself that adequate alternative safety measures have been put in place. SAS has been appointed by SAMSA as the approved authorized agency to grant controlled event status for sailing events. It therefore has to consider and approve the proposed alternative safety measures before granting any specific relaxations in terms of the provisions for controlled events. Clubs and event organizers must therefore apply for and obtain written authorization from SAS before advertising any controlled event relaxations. It stands to reason therefore that no relaxations may be indicated in a Notice of Race before authorization has been obtained from SAS. Conclusion The Regulations contain a number of mistakes and deficiencies. A number of proposed corrections and amendments have already been tabled and hopefully will be promulgated shortly. Further amendments and refinements will be recommended by SAS to the committee which is to be established under the auspices of SAMSA to review and amend the SAMSA policy and interpretation of the Regulations. | ||||
|
 |
